Human Rights embrace Climate Change – Law Pod UK
‘Strasbourg Court fashions human rights out of climate change. David Hart KC discusses latest developments with Rosalind English.’
Law Pod UK, 10th April 2024
Source: audioboom.com
‘Strasbourg Court fashions human rights out of climate change. David Hart KC discusses latest developments with Rosalind English.’
Law Pod UK, 10th April 2024
Source: audioboom.com
‘ClientEarth v Shell [2023] EWHC 1897 (Ch) is the first attempt to use the statutory shareholder derivative action (Part 11 Chapter 1 of the Companies Act 2006 (CA 2006)) to hold directors liable for breach of directors’ duties for issues related to climate change. A derivative action can be used by shareholders in limited circumstances to bring an action of recourse on behalf of the company. Derivative actions are typically used to protect minority shareholders. Therefore, its use in ClientEarth v Shell is of interest, especially considering the ongoing discussion on the role and purpose of business in society. Although company law has primarily focused on profits, the more modern view is that companies should exist for profit, public interests and societal goals (See British Academy, Reforming Business for the 21 st Century: A Framework for the Future of the Corporation). The ClientEarth case confirms and clarifies situations in which a claimant may obtain permission to continue a claim; and when an absolute liability may be imposed on directors for a climate change-related breach of director’s duty in shareholder derivative claims. It raises questions around the prospects of success for future claimants due to the difficulty in establishing sufficient legal merit; and the relationship between stage one and stage two of the statutory regime.’
The Cambridge Law Journal, 3rd April 2024
Source: www.cambridge.org
‘Extinction Rebellion and Just Stop Oil’s co-founder Roger Hallam has avoided imprisonment after attempting to bring disruption to Heathrow airport by getting involved in an action to fly toy drones in the vicinity.’
The Guardian, 5th April 2024
Source: www.theguardian.com
‘The case concerned the UK Government’s approval of UK Export Finance’s (“UKEF”) $1.15 billion investment in a liquified natural gas project in Mozambique. UKEF is the Government’s export credit agency and its aim is to ensure that no viable UK export fails for lack of finance or insurance from the private sector.’
Six Pump Court, 16th January 2024
Source: 6pumpcourt.co.uk
‘James McCreath of Wilberforce Chambers comments on the recent FMLC report on pension trustees and fiduciary duties.’
Pensions Barrister, 29th February 2024
Source: www.pensionsbarrister.com
‘Three Just Stop Oil protesters have been found guilty of storming the Wimbledon tennis courts with confetti and puzzle pieces.’
BBC News, 26th February 2024
Source: www.bbc.co.uk
‘The UK is pulling out of a treaty that lets fossil fuel firms sue governments over their climate policies.’
The Guardian, 22nd February 2024
Source: www.theguardian.com
‘The UK government’s decision to omit onshore wind projects from the types of energy infrastructure projects that can generally be considered as ‘nationally significant infrastructure projects’ (NSIPs) under planning policy applicable in England is subject to a new legal challenge.’
OUT-LAW.com, 26th January 2024
Source: www.pinsentmasons.com
‘A severe crackdown on environmental protest in Britain with “draconian” new laws, excessive restrictions on courtroom evidence and the use of civil injunctions is having a chilling impact on fundamental freedoms, the United Nations special rapporteur has said.’
The Guardian, 23rd January 2024
Source: www.theguardian.com
‘COP 28 is due to begin on Thursday and already it is not without controversy. First leaked documents have, according to the BBC, revealed plans that the United Arab Emirates had as host of the UN climate talks to discuss fossil fuel deals with 15 nations, including commercial opportunities for its state renewable energy company with the UK.’
Six Pump Court, 30th November 2023
Source: 6pumpcourt.co.uk
‘Chris Packham has filed a high court legal challenge to the UK government over its decision to weaken key climate policies.’
The Guardian, 4th December 2023
Source: www.theguardian.com
‘Nine climate protesters have been cleared by a jury of causing £500,000 worth of criminal damage to the windows at the headquarters of HSBC bank in London.’
The Guardian, 16th November 2023
Source: www.theguardian.com
‘Following the recent fine ordered by tPR in respect of ExxonMobil Pension Plan for breach of the OPS (Climate Change Governance and Reporting) Regs 2021, James McCreath of Wilberforce Chambers considers how the increasing pressure on schemes to advance environmental causes hangs together with trustees’ investments duties.’
Pensions Barrister, 16th November 2023
Source: www.pensionsbarrister.com
‘A charity is threatening the Government with a judicial review over its biomass strategy, arguing that the plan, which is part of the effort to cut greenhouse gas emissions, is in breach of the Climate Change Act 2008.’
Local Government Lawyer, 15th November 2023
Source: www.localgovernmentlawyer.co.uk
‘“The absence of a suitable test or target for the reduction of Scope 3 emissions”: High Court challenge fails, and the Government Calls for Evidence”.’
Six Pump Court, 31st October 2023
Source: 6pumpcourt.co.uk
‘Police have arrested more than 60 climate activists taking part in a slow march outside parliament in the first use of draconian new anti-protest powers.’
The Guardian, 30th October 2023
Source: www.theguardian.com
‘A 76-year-old grandmother is among 12 activists spared jail for causing “massive disruption” on the M25.’
BBC News, 31st October 2023
Source: www.bbc.co.uk